Legal Opinion

In the Matter of Benny L. ROACH and Edith Roach, Appellants

Court of Appeals for the Third Circuit

Decided August 25, 1987No. 86-5643PublishedCited by 227 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal presents the issue of whether federal bankruptcy law permits a Chapter 13 debtor to cure a default on, and reinstate, a home mortgage where the bankruptcy petition is filed during a state law redemption period following foreclosure judgment and sale. The district court affirmed the bankruptcy court’s order holding that such a cure could not be effected by a Chapter 13 plan. We also affirm.

I

Benny and Edith Roach owned, subject to a mortgage held by GMAC Mortgage Corporation, real property in New Jersey that was used as their principal…

2Cases cited26 opinions

  1. Blum v. StensonSupreme Court of the United States · 1984
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Maryland v. LouisianaSupreme Court of the United States · 1981
  4. Perez. v. CampbellSupreme Court of the United States · 1971
  5. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981

21 more not listed; retrieve them via the Exa API.

3Cited by227 opinions

  1. In Re Rosemary BROWN, Debtor. FIRST JERSEY NATIONAL BANK v. Rosemary BROWN, AppellantCourt of Appeals for the First Circuit · 1991
  2. Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
  3. In Re Ernest R. Lilley, Jr., Debtor. Ernest R. Lilley, Jr.Court of Appeals for the Third Circuit · 1996
  4. First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  5. In Re Cynthia WARD, Debtor-Appellee. Appeal of BOWEST CORPORATIONCourt of Appeals for the Third Circuit · 1988

222 more not listed; retrieve them via the Exa API.

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